Ex parte LUBIN et al. - Page 5




          Appeal No. 1999-2028                                                        
          Application No. 08/769,036                                                  


          from any suggestion that it would be appropriate to combine                 
          CDPD as disclosed, with Braitberg."  We disagree.                           
               We concede that appellants disclose that AMPS voice                    
          transmission and data transmission are difficult to integrate.              
          However, Braitberg states (column 12, lines 22-34) that the                 
          phone may be a conventional AMPS type phone, but that it "must              
          be modified to provide a data path for digital data through                 
          connector 48."  Braitberg continues that "it will be assumed                
          that cellular phone 10 contains circuitry to packetize and                  
          depacketize digital data transmitted and received by the                    
          cellular phone." Further, Braitberg indicates (column 12,                   
          lines 58-61) that cellular phone 10 receives RF signals and                 
          "decides internally whether the RF signals contain voiceband                
          or data/control information."  Thus, Braitberg integrates AMPS              
          voice transmission with data transmission in a single                       
          telephone handset, though Braitberg does not specify CDPD as                
          the type of data signals.                                                   
               Appellants admit (specification, page 9, lines 1-6) that               
          CDPD was "developed to overcome some of the undesirable                     
          effects of transmitting raw digital data over the AMPS                      
          system," and (specification, page 12, lines 27-28) that "CDPD               
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